[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Proposed Rules]
[Pages 37417-37419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17874]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-29]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Elizabeth River, Southern Branch, Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the City of Chesapeake, the Coast Guard is 
proposing to change the regulations that govern the operation of the 
drawbridge across the Southern Branch of the Elizabeth River, Atlantic 
Intracoastal Waterway, mile 8.8, at Chesapeake, Virginia, by extending 
the period of restricted bridge openings for recreational vessels 
during the morning rush hours and eliminating the 5 p.m. opening for 
waiting recreational boats during the evening rush hour. This proposed 
rule is intended to provide for regularly scheduled drawbridge openings 
to help reduce motor vehicle traffic delays and congestion on the roads 
and highways linked by this drawbridge, while still providing for the 
reasonable needs of navigation.

DATES: Comments must be received on or before October 18, 1995.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may 
be delivered to Room 109 at the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(804) 398-6222. Comments will become part of this docket and will be 
available for inspection at Room 109, Fifth Coast Guard District.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

[[Page 37418]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD05-95-29) and the specific section of this 
rule to which each comment applies, and give the reason for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an unbound format suitable for copying and electronic 
filing. If not practical, a second copy of any bound material is 
requested. Persons wanting acknowledgement of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander (ob) at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Linda 
L. Gilliam, Project Manager, Bridge Section, and CDR C. A. Abel, 
Project Counsel, Fifth Coast Guard District Legal Office.
Background and Purpose

    The City of Chesapeake has requested that openings of the Dominion 
Boulevard Bridge, also known as the Steel Bridge, located at mile 8.8 
of the Atlantic Intracoastal Waterway, Southern Branch of the Elizabeth 
River, at Chesapeake, Virginia, be further limited by extending the 
morning rush hour closure period to recreational vessel traffic, and by 
eliminating the 5 p.m. opening for recreational vessels during the 
evening rush hour period, while continuing to open on signal at all 
other times.
    Currently, the Dominion Boulevard Bridge is closed to recreational 
vessel traffic from 7 a.m to 8 a.m and 4 p.m. to 6 p.m., with a 5 p.m. 
opening for recreational vessels waiting to pass, Monday through 
Friday, except Federal holidays. The draw opens on signal at all other 
times. This proposed rule would extend the morning rush hour closure 
period for recreational vessels by requiring the bridge to remain 
closed from 7 a.m. to 9 a.m. From 4 p.m. to 6 p.m., the 5 p.m. opening 
for waiting recreational vessels would be eliminated. Vessels in 
distress or in an emergency situation will continue to be allowed 
passage through the bridge at any time.
    This request is based on an analysis the City of Chesapeake 
conducted on highway traffic data for 1990, 1992, and 1994, and a 
review of the drawlogs from January 1994 to April 1995 for the Dominion 
Boulevard Bridge. The drawlogs revealed that bridge openings between 8 
a.m. and 9 a.m. and at 5 p.m. caused by recreational vessels were 
frequent enough to cause highway traffic to back up on each side of the 
bridge resulting in congestion and delays. The highway traffic data 
revealed that more vehicles are crossing the bridge between 8 a.m. to 9 
a.m. By extending the morning rush hour closure period by one 
additional hour and eliminating the 5 p.m. opening during the evening 
rush hours, traffic conditions that currently exist at this bridge will 
be relieved as well as public safety and welfare concerns associated 
with frequent bridge openings caused by recreational boats.
    The Coast Guard believes these regulations should not unduly 
restrict recreational vessel passage through the bridge, since they can 
plan their vessel transits around the hours of restriction. This 
proposed change to the regulations is intended to establish a schedule 
that will meet the reasonable needs of waterway users and, at the same 
time, diminish delays to an improve the flow of motor vehicles crossing 
the bridge.
Regulatory Evaluation

    The proposed action is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.
Small Entities

    Under the Regulatory Flexibility Act (U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). Because it expects the impact of this 
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal will not have a significant economic impact on a 
substantial number of small entities.
Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism

    The Coast Guard has analyzed this proposal under the principals and 
criteria contained in Executive Order 12612, and it has been determined 
that this proposal will not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.
Environment

    The Coast Guard considered the environment impact of this proposal 
and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
proposal is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement and 
checklist has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 117 of Title 33, Code of Federal Regulations to read as 
follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for Part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. In section 117.997 paragraph (d) is revised to read as follows:


Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the 
Elizabeth River to the Albemarle and Chesapeake Canal.

* * * * *
    (d) The draw of the Dominion Boulevard Bridge, mile 8.8, in 

[[Page 37419]]
    Chesapeake shall open on signal, except:
    (1) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the drawbridge may not open the 
passage of recreational vessels.
    (2) Vessels in an emergency involving danger to life or property 
shall be passed at any time.
* * * * *
    Dated: June 14, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-17874 Filed 7-19-95; 8:45 am]
BILLING CODE 4910-14-M